2007 PCRLJ 1784 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD RAMZAN alias JANI VS MUHAMMAD ASLAM Illegal Dispossession Act 2005--3 , Illegal Dispossession Act 2005--4 , Illegal Dispossession Act 2005--7 , ---Ss. 3, 4 & 7---Initiating civil and criminal proceedings simultaneously---Respondents allegedly having forcibly and illegally trespassed the land owned by applicant with a common intention to grab , the property, applicant filed civil suit for seeking restoration of possession along with an application for obtaining status quo---Senior Civil Judge issued notice to respondents and maintained status quo---Applicant, in the meanwhile tiled application in the Court of Session , under section 4 of Illegal Dispossession Act, 2.005. in offence under Ss.3 & 7 of the Act---District Attorney opposed complaint stating that applicant had already tiled civil suit for seeking declaration regarding his title over disputed property---Validity---No bar existed for any party to choose to file civil suit or criminal proceedings, as per law both the remedies could be availed by the applicant---Court 'had to protect the rights of the person and property---Respondents had encroached upon the land of applicant .with ulterior motive in order to usurp the land of the applicant---Court had to see the ground realities. regarding the hardship of the parties---Applicant had rightly filed application for seeking eviction of respondents from the land. involved in the application---Mere pendency of the' civil suit regarding declaration, would not mean that applicant could not avail other efficacious remedy by approaching the court having jurisdiction---Application by applicant before Sessions Judge under section 4 of Illegal Dispossession Act, 2005 in offence under Ss.3 & 7 of said Act, was maintainable.